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From Maximilian <maximil...@actoflaw.co.uk>
Subject Re: Creative Commons BY 4.0 license compatible?
Date Sat, 25 Jul 2015 09:52:46 GMT
I presume you're referring to clause 4(a) of CC-BY 3.0 regarding DRM?

I might be nit-picking a bit here, but being that in CC-BY 3.0 there is
no definition of an "effective technological measure" and that Apache
programs would de-facto have their source code published, it would be
possible to argue that the provision doesn't necessary apply on the
basis that the 'technological measure' lacks effectiveness, as an
individual could legally remove the countermeasure and use the work
privately or even release a fork of the same.

I guess the question there is whether or not the binary should be
considered separately from the source code, although the definition of a
'work' suggests to me that a program constitutes a work regardless of
whether it is in source or binary form.

As usual I have probably interpreted this incorrectly and I'm more than
happy for someone else to prove me wrong!


Max


On 25/07/2015 01:42, Luis Villa wrote:
>> What's the whimsical theory? *If* you give me the source code then your
>> DRM protection for that open source work is entirely meaningless in a
>> practical sense.
>>
> I agree that as a practical matter there is no damage to the author of the
> work or recipient of the work if source for the DRM-encumbered work is
> available. But
>
> *that is not the test. *The drafters of CC BY 3.0[1] explicitly chose to
> make the non-use of DRM a *condition of the license*. As soon as you
> encumber a copy of the work with DRM, the condition has been violated, an
> infringement has occurred, and statutory damages are available. In other
> words, it is not "meaningless", because the author has explicitly chosen to
> prevent it, even though it does not damage the author.


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